K.Saraswathi vs The Secretary To Government on 18 November, 2009

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2009
			
Coram:

THE HONOURABLE Mr.JUSTICE R.SUDHAKAR

Writ Petition No.17603 of 2009


1.K.Saraswathi,
2.A.Janaki,
3.P.Radhabai,
4.D.Premila Devi,
5.T.Saraswathi,
6.J.kamatchi,
7.Sarasu,
8.Gnanadeepam,
9.A.Kamala,
10.S.Lalitha,
11.A.Raniammal,
12.M.Radhabai,
13.S.Meharunnisha,
14.E.Akilandsammal,
15.L.Annalakshmi,
16.B.Dharani.
17.Tmt.Florance Daniel,
18.R.Nagarathinam,
19.K.Rajamani,
20.J.Jayalakshmi,
21.S.Durai Ammal,
22.P.Ellammal,
23.M.Babyamma,
24.S.Dhana Lakshmi,
25.M.Vethammal,
26.P.Aovudaiammal,
27.D.Jayanthi,
28.K.Mariammal,
29.J.Yamuna,
30.V.Alamelu,
31.D.Bavani,
32.P.Jayalakshmi.		                                     ... Petitioners

Vs.

The Secretary to Government,
Transport Department,
Secretariat, Chennai  9.		... Respondent 


 	Writ petition is  filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus, calling for the records, relating to the G.O.Ms.No.110, Transport Department, dated 06.06.2002 and to quash the conditions in para-10 as arbitrary and illegal and to direct the respondent to pay family pension to the   petitioners with effect from  the date following the date of death of their respective  husband.

		For Petitioner  	:    Mr.P.Gopi Raja,		

		For Respondent 	:    Mr.V.Manoharan,
					     Government Advocate.		 

- - - - -

O R D E R

This Writ petition is filed to issue a writ of certiorarified mandamus, calling for the records, relating to the G.O.Ms.No.110, Transport Department, dated 06.06.2002 and to quash the conditions in para-10 as arbitrary and illegal and to direct the respondent to pay family pension to the petitioners with effect from the date following the date of death of their respective husband.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondent at length.

3. The impugned G.O.Ms.No.110 Transport Department dated 6.6.2002 was considered by this court in W.P.No.482 of 2008 and para 10 of the said G.O. was set aside. The family pension was extended to the petitioner in that case from the date of death of the employee and not from the date 7.3.2001. Respondent was directed to grant family pension from the date of death of the employee. The relevant portion of the order reads as follows:-

“12. In such view of the matter, clause-10 of the G.O.Ms.No.110, Transport Department, dated 06.06.2002 in so far as it fixes the effective date as 07.03.2001 is set aside. The petitioner in this case will be entitled to family pension under the Tamil Nadu Pension Rules, 1978, from the date following the date of death of the pensioner/ employee, viz., 28.10.1994 and not from the date as specified in para 10 of the G.O.Ms.No.110 Transport Department dated 6.6.2002. If any application is required, petitioner shall submit the same within four weeks from the date of receipt of a copy of this order. Thereafter, the respondent shall pass appropriate orders in terms of the order of this court for family pension within a period of four weeks from the date of such application. This writ petition is allowed. No costs.”

4. Following the earlier decision of this Court in W.P.No.482 of 2008, wherein Para 10 of the G.O.Ms.No.110 Transport Department dated 6.6.2002 has been set aside, the petitioners will be entitled to the same relief. Accordingly, the petitioners in this case will be entitled to family pension under the Tamil Nadu Pension Rules, 1978, from the date following the date of death of their respective husband/pensioner/employee, and not from the date as specified in para 10 of the G.O.Ms.No.110 Transport Department dated 6.6.2002. If any application is required, petitioners shall submit the same within four weeks from the date of receipt of a copy of this order. Thereafter, the respondent shall pass appropriate orders in terms of the order of this court granting family pension within a period of four weeks from the date of such application. This writ petition is allowed. No costs.

									18.11.2009
Index:     No

Internet:Yes 

ts
To	
The Secretary to Government,
Transport Department,
Secretariat, Chennai  9.		

R.SUDHAKAR,J.

ts















                                                                             Order in 
W.P.No.17603 of 2009

  Date 18.11.2009